NEW LAW: DC To Require Sexual Harassment Training for Tipped Employees

Attention DC Employers, on October 23, 2018, the District of Columbia Mayor signed the “Tipped Wage Workers Fairness Amendment Act of 2018.”  While this law repealed Initiative 77 (discussed in NEW LAW – Washington DC Elimination of Tip Credit Repealed) and imposed new posting requirements on all DC employers (discussed in COMING SOON: New Posting Requirements for All DC Employers), the new law also imposes the following new requirements on employers of tipped employees:

Mandatory Sexual Harassment Training For Tipped Employees

Employers will be required to provide sexual harassment training to their tipped employees and managers.  This training must be either through a course developed by the Office of Human Rights (OHR) or from an OHR-certified provider.

This training must be provided to all tipped employees as follows:

  • New employees – Must receive sexual harassment training within 90 days after hire, unless they have received such training within the past two years
    • The training may be in person or online training
  • Current employees – Must receive sexual harassment training within two years
    • The training may be in person or online training
  • Owners and operators – Must receive sexual harassment training every two years
    • The training may be in person or online training
  • Managers – Must receive in person sexual harassment training every two years
    • NOTE: Online training of managers is not permitted.

In addition, employers must provide the OHR with certification of the training completed by each individual within 30 days of the training having been completed.

Sexual Harassment Policies

Employers must develop a sexual harassment policy that outlines how to report sexual harassment to management and to the OHR.  This policy must be filed with the OHR by July 1, 2019.

The sexual harassment policy must also be distributed to all employees and post the policy in conspicuous locations by July 1, 2019.

By the effective date of the law, employers must also document instances of sexual harassment reported to management, including whether the reported harasser was a non-manager, a manager, an owner, or an operator.  In addition, by July 1, 2019 and on an annual basis thereafter, employers must report the number of sexual harassment complaints received by management and also report the total number of reported harassers who were non-managers, managers, owners, and operators to the OHR.